New South Wales Consolidated Acts

CHILDREN (CARE AND PROTECTION) ACT 1987 - SECT 122

122 Evidence of young children

(1) If an authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002 is satisfied by the evidence of a medical practitioner that the attendance before a court of a child to whom an offence against this Act or the regulations relates would be injurious or dangerous to the child’s health, the authorised officer may take in writing the statement of the child in pursuance of section 284 of the Criminal Procedure Act 1986 as if the child were dangerously ill, whereby the child’s evidence would probably be lost if not forthwith taken.

(2) If, in any proceedings for an offence against this Act or the regulations relating to a child, a court is satisfied by the evidence of a medical practitioner that the attendance before the court of the child would be injurious or dangerous to the child’s health, any deposition taken under section 284 of the Criminal Procedure Act 1986 , or any statement of the child taken under subsection (1), may be read in evidence, and shall have effect in the same manner as if it were proved that the child were so ill as not to be able to travel or (in the case of any such statement) that there was no reasonable probability that the child would ever be able to travel or give evidence.

(3) If, in any proceedings for an offence against this Act or the regulations relating to a child, a court is satisfied by the evidence of a medical practitioner that the attendance of the child for the purpose of giving evidence before the court would be injurious or dangerous to the child’s health, and it is further satisfied that the evidence of the child is not essential to the just hearing of the case, the case may be proceeded with and determined in the absence of the child.